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LIBRARY OF CONGRESS 



029 827 244 1 « 



Calendar No. 84. 

th Congress, ) SENATE. J Report 

1st /Session. } ( No. 92. 



TO PREVENT THE MANUFACTURE AND SALE OF ALCO- 
HOLIC LIQUORS IN THE DISTRICT OF COLUMBIA. 



January 28, 1916. — Ordered to be printed. 

Mr. Jones, from the Committee on the District of Columbia, sub- 
mitted the following 

REPORT. 

[To accompany S. 1082.] 

The Committee on the District of Columbia, having had under 
consideration a bill (S. 1082) to prevent the manufacture and sale 
of alcoholic liquors in the District of Columbia, and for other pur- 
poses, recommend that the same be amended as follows : 

In line 19, on page 3, after the word a is," insert "known to him 
to be." 

After the word " denominations," in line 19, page 5, insert " or 
when any ambassador or minister of a foreign country duly credited 
to the United States of America and maintaining an official residence 
in the District of Columbia desires alcoholic liquors for use in such 
residence, and for no other purpose." 

After the word " Columbia," in line 18, page 6, insert " knowing 
the same to be such." 

The committee beg to report the bill to the Senate as amended 
without recommendation. 

A brief synopsis of each section is made a part of this report. 

BRIEF OF DISTRICT OF COLUMBIA PROHIBITION BILL. 

Section 1 : This section prohibits the manufacture, sale, storing, 
offering for sale, keeping for sale, soliciting or receiving orders for 
the purchase of alcoholic liquors, the giving away or importing the 
same. 

The term " alcoholic liquors " is defined to include all spirituous, 
vinous, malt, or fermented liquors, and all other liquors which shall 
contain one-half of 1 per cent of alcohol or more. 

It also provides penalties for violations of the provisions of this 
section, which are a fine of $300 to $1,000 and imprisonment from 30 
days to 1 year. 

Section 2: This permits the manufacture and sale of wood or 
denatured alcohol and the sale of pure grain alcohol by certain 
wholesale druggists for mechanical or scientific purposes only. 

It also contains regulations governing the sale of alcohol by whole- 
sale druggists, and that the sales shall be made only upon affidavit of 
purchaser. 



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2 MANUFACTURE AND SALE OF ALCOHOLIC LIQUOES. 

Section 3 : The section provides penalties for violations of the pro- 
visions of section 2 by druggists and employees of druggists, which 
are a fine of $100 to $500 and imprisonment from 30 days to 6 months. 

Section 4: In this section are penalties for violation of section 2 
by purchasers of alcohol, which are a fine of $100 to $500 or im- 
prisonment from one to six months for first offense; second offense, 
fine of $200 to $1,000 and imprisonment for not less than six months. 

Section 5: Requires that wholesale druggists desiring to deal in 
alcohol for mechanical or scientific purposes must be licensed by the 
District Commissioners, paying a fee of $25 for one year. The com- 
missioners are required to make regulations governing the sale of 
alcohol by druggists so licensed, and the number of licenses are lim- 
ited to five* 

Section 6: This section requires that wholesale druggists selling 
alcohol, or ministers, pastors, and priests desiring wine for sacra- 
mental purposes, may import alcohol or wine, as the case may be. 
after securing a permit from the District Commissioners for that 
purpose. 

Section 7: By this section it is unlawful for any carrier to deliver 
any prohibited liquors in the District of Columbia at any time, or 
legal shipments of alcohol or wine except between the hours of 6 
a. m. and 5 p. m., and not on Sunday. 

It also proposes a penalty of a fine of $100 to $500, or confinement 
not less than one nor more than six months, or both fine and impris- 
onment. 

Section 8: This section provides against the keeping or selling of 
liquors in clubs by any system or device whatever; it. also prohibits 
the " locker system," and holds all persons connected with a club re- 
sponsible for violations of this section. The penalties are the same as 
in section 1. 

Section 9: This section prohibits advertising of prohibited alco- 
holic liquors in any manner in the District of Columbia. 

It also provides a penalty of a fine of not less than $100 nor more 
than $500. 

Section 10: This section makes provision for "search and 
seizure." It provides that upon sworn information that the law is 
being violated the corporation counsel shall issue a warrant com- 
manding the police to search for and seize any alcoholic liquors kept 
in violation of law. 

Section 11: This section contains provisions for pleading, which 
make it unnecessary to prove the kind of liquor kept or sold, de- 
livered, etc. Evidence of having or keeping liquors on hand in viola- 
tion of law is sufficient to convict. 

Section 12: By this provision the drinking of liquors in the public 
streets, on street cars or other public conveyances, including railroad 
trains, is prohibited. 

It makes it an offense to be intoxicated on the streets, in street cars, 
railroad coaches, public place or building, at any public gathering, or 
to disturb the peace of any person while intoxicated anywhere. 

It also prescribes penalties, which are a fine of $10 to $100, or im- 
prisonment for not less than 5 days nor more than 30 days, or both 
fine and imprisonment. 

Section 13: By the provisions of this section the payment of the 
special tax required of wholesale or retail liquor dealers by the United 
States is made prima facie evidence of violations of the act. 

d. wr d. 

FEB 15 1916 






MANUFACTUKE AND SALE OF ALCOHOLIC LIQUOKS. 3 



Section 14: This section provides that all buildings, clubrooms, 
drug stores, and other places where alcoholic liquors are manufac- 
tured, stored, sold, etc., contrary to the provisions of the act shall be 
deemed common and public nuisances. 

It provides the same penalties for violations of this section as in 
section 1, and in addition thereto judgment shall be given that such 
room, place, or building shall be abated or closed as a place for the 
sale or keeping of liquors contrary to law. 

Section 15: This section provides that the United States district 
attorney for the District of Columbia, or any citizen of the District, 
may maintain an action in a court of equity to abate and enjoin such 
nuisance as defined in the preceding section. 

Section 16: It provides that the writ of injunction may be em- 
ployed to prevent violations of the provisions of this act as in case of 
liquor nuisances denned in section 14. 

Section 17: If a tenant uses a building in maintaining a com- 
mon nuisance, or permits it to be so used by another, the lease by 
which he holds such building becomes void and the right of possession 
reverts to the owner. 

Section 18: This section provides that the owner of a building, 
or a building under his control, shall, after notice that said building 
is used as a common nuisance, take all reasonable measures to eject 
the person using such building. Failure to do so renders him liable 
as assisting in maintaining a nuisance. 

Section 19: This proposes that there shall be no property rights 
in liquors illegally manufactured, received, possessed, or stored, and 
that such liquors are contraband. 

Section 20: This section provides civil damages for a wife or 
other person injured in person, property, or means of support by an 
intoxicated person, with the right of action to lie against the person 
who caused intoxication by selling or otherwise furnishing alcoholic 
liquors. 

Section 21: It is made an offense to operate any locomotive en- 
gine, train, street car, steamboat, automobile, or horse vehicle while 
in an intoxicated condition. The penalty is a fine of $25 to $300, and 
in case of default, imprisonment for not more than three months, or 
both fine and imprisonment. 

Section 22: By this section it is proposed to place the responsi- 
bility of enforcing this act upon the Commissioners of the District, 
who shall detail members of the police force to detect violations of 
this law, who shall report to the corporation counsel, who shall dili- 
gently prosecute all offenders. The penalty provided for failure upon 
the part of any officer to enforce this law is a fine of not less than 
$100 nor more than $500, and forfeiture of office. It further provides 
that any official referred to in this section who is negligent in his duty 
to enforce the provisions of this act may be removed from office. 

Section 23: The prosecution of offenders shall be in the police 
court by the corporation counsel upon sworn information; but 
authorizes the commissioners to prosecute through the office of the 
United States district attorney for the District of Columbia when it 
appears to the commissioners to be in the interest of better enforce- 
ment of the law, in which case alleged offenders shall be presented to 
the grand jury, and, if indicted, tried in the Supreme Court of the 
District of Columbia. 



4 MANUFACTURE AND SALE OF ALCOHOLIC LIQUORS. 

Section 24: If any part of this act shall be declared unconstitu- 
tional or invalid the remainder of the act shall not be affected thereby. 

Section 25: This provides that words of the singular number shall 
include their plurals, and words of the masculine gender shall include 
the feminine, as the case may be. 

Section 26: This section provides that the act take effect on the 
1st day of November, 1916, which is the end of the present license 
year, and that all laws inconsistent with this act are repealed. 

A copy of the bill, showing the proposed amendments in italic, is 
appended hereto as a part of this report : 

A BILL (S. 1082) to prevent the manufacture and sale of alcoholic liquors in the District 

of Columbia, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That on and after the first day of 
November, Anno Domini nineteen hundred and sixteen, no person or persons, 
or any house, company, association, club, or corporation, his, its, or their agents, 
officers, clerks, or servants, directly or indirectly, in the District of Columbia 
shall manufacture, store, or deposit, sell, offer for sale, keep for sale, traffic in, 
barter, or exchange for goods or merchandise, or solicit or receive orders for 
the purchase of any alcoholic liquors, give away the same, or import the same 
therein, except as hereinafter provided. 

Wherever the term " alcoholic liquors " is used in this act it shall be deemed 
to include whisky, brandy, rum, gin, wine, ale, porter, beer, cordials, hard or 
fermented cider, alcoholic bitters, pure grain alcohol, and all malt and other 
liquors which shall contain one-half of one per centum by volume of alcohol or 
more. 

That any person, or persons, or any house, company, association, club, or 
corporation, his, its, or their agents, officers, clerks, or servants, who shall 
directly or indirectly violate the provisions of this section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be fined not less 
than $300 nor more than $1,000, and shall be imprisoned in the District Jail 
or workhouse for a period of not less than thirty days nor more than one 
year for each offense. 

Sec. 2. The provisions of this act shall not be construed to prevent the 
manufacture, importation, or sale of denatured or wood alcohol for scientific 
or mechanical purposes, or the sale by wholesale druggists only of pure grain 
alcohol. for scientific or mechanical purposes only, in quantities not to exceed 
five gallons at one time, but no such sale of alcohol shall be made any person 
who is less than twenty-one years of age or who is of intemperate habits, or 
who is addicted to the use of narcotic drugs, and every purchaser shall at the 
time and place of such sale make an affidavit in writing, signed by himself 
before such druggist or registered pharmacist at the time and place in the 
employ of such druggist, stating the quantity and the time and place, and fully 
for what purpose, and by whom such alcohol is to be used ; that affiant is 
not of intemperate habits or addicted to the use of any narcotic drug, and that 
such alcohol is not to be used as a beverage, or for a"ny purpose other than that 
stated in said affidavit. Such affidavit shall be filed and preserved by such 
druggist and be subject to public inspection during business hours, and a record 
thereof made by such druggist in a record book kept for the purpose, showing 
the date of the affidavit, by whom made, the quantity of such alcohol, and when, 
where, for what purpose, and by whom to be used. Only one sale shall be 
made upon such affidavit, and in no greater quantity than is therein specified. 
For the purpose of this act any druggist or registered pharmacist making such 
sale shall have authority to administer such oath. 

Sec. 3. If any wholesale druggist, owner of a wholesale drug store, registered 
pharmacist, clerk, or other employee of such store, shall upon such affidavit, or 
otherwise, sell or give away such alcohol to any person who is known to him to 
be of intemperate habits or is addicted to the use of any narcotic drug, or sell or 
give the same to anyone to be used for any purpose other than that named in said 
affidavit he shall be deemed guilty of a misdemeanor, and if convicted punished 
by fine of not less than $100 nor more than $500 and be confined in the District 
jail or workhouse not less than thirty days nor more than six months. In any 
prosecution against a wholesale druggist, owner of a wholesale drug store, regis- 
tered pharmacist, clerk, or employee, for selling or giving liquor contrary to law, 
if a sale or gift be proven, it shall be presumed that the same was unlawful in 
the absence of satisfactory proof to the contrary, and the presentation of such 



MANUFACTURE AND SALE OF ALCOHOLIC LIQUOES. 5 

affidavit by the defendant at the time of the trial for such sale or gift shall be 
sufficient to rebut the presumption arising from the proof of such sale or gift: 
Provided, That such druggist, owner of a drug store, registered pharmacist, 
clerk, or employee shall have complied with all other provisions of this act 
relating to a sale or' gift. 

Sec. 4. If any person who is of intemperate habits or addicted to the use of 
any narcotic drug shall make the affidavit mentioned in section two of this 
act, or if any person making such affidavit shall use as a beverage, or for any 
purpose, or at any place, other than that stated in such affidavit, or shall 
knowingly permit another to do so, said alcohol, or any part thereof, or shall 
knowingly make any false statement in such affidavit, he shall be guilty of a 
misdemeanor and upon conviction be punished by a fine of not less than $100 
nor more than $500, or be confined in the District jail or workhouse not less 
than one nor more than six months for the first offense hereunder ; and upon 
conviction for a second offense he shall be punished by a fine of not less than 
$200 nor more than $1,000, and shall be confined in the District jail or work- 
house for not less than six months. 

Sec. 5. Wholesale druggists desiring to deal in alcohol for scientific or 
mechanical purposes, as heretofore provided, shall on or before the first day of 
November of each year obtain a license from the Commissioners of the District 
of Columbia for the year beginning November first, upon the payment of $25, 
which money shall be deposited with other license funds of the District. The 
said commissioners shall make necessary regulations governing the purchase 
and sale of alcohol by wholesale druggists in accordance with this act, and 
shall limit the number of licenses to wholesale druggists to not more than 
five, and may consider petitions for or protests against the granting of such 
licenses. 

Sec. 6. That when any wholesale druggist, licensed as provided in the pre- 
vious section, desires to sell or keep for sale pure grain alcohol, or wh^n any 
minister, pastor, or priest of a religious congregation or church desires wine 
for sacramental purposes in the usual religious exercises of his denomination, 
or when any ambassador or minister of a foreign country duly credited to the 
United States of America and maintaining an official residence in the District of 
Columbia desires alcoholic liquors for use in such residence, and for no other 
purpose, he may apply to the Commissioners of the District of Columbia for a 
permit, stating the amount desired, for what period and for what purpose, and 
said commissioners, if satisfied of the good faith of the application, shall grant a 
written permit to the applicant permitting the shipment to him of such amount 
as is shown to be reasonably necessary, which amount shall be stated in the 
permit, together with the purpose for which it is to be used, and in the case 
of wine the period to be covered by such use : Provided, That the amount of 
wine permitted to be shipped shall not exceed five gallons at one time, and in 
case of shipment of either alcohol or wine said permit shall be attached to 
the package by the shipper and remain attached until delivered to the consignee. 
The fee for issuing said permit shall be 25 cents, paid to the collector of taxes 
for the District of Columbia. Said permit shall be void after twenty days 
from date, and shall not be used for more than one shipment. The carrier or 
party making delivery shall keep a record of all such deliveries of wine for 
said purposes, which record shall, during business hours, be open to public 
inspection. 

Sec 7. That it shall be unlawful for any common or other carrier, express 
company, or any person to deliver to any person, company, corporation, club, 
or association or order, his, or its agents, clerks or employees, any prohibited 
alcoholic liquors in the District of Columbia, knowing the same to be such, 
and in the case of legal shipments of alcohol or wine, as provided in section six 
of this act, it shall be unlawful to deliver the same, whether brought from 
without the District of Columbia or otherwise, or whether in original packages 
or otherwise, on any Sunday or on any other day before six o'clock antemeridian 
and after five o'clock postmeridian. Any common or other carrier, express com- 
pany, or any person violating the provisions of this section shall be guilty of a 
misdemeanor, and upon conviction thereof shall be punished by a fine of not less 
than $100 or more than $500, or be confined in the District jail or workhouse not 
less than one nor more than six months, or by both fine and imprisonment in the 
discretion of the court. 

Sec 8. That every person who shall directly or indirectly keep or maintain 
by himself or by associating with others, or who shall in any manner aid, assist, 
or abet in keeping or maintaining any club house, or other place in which any 
alcoholic liquor is received or kept for the purpose of use, gift, barter, or sale, 
or for distribution or division among the members of any club or association 



6 MANUFACTURE AND SALE OF ALCOHOLIC LIQUORS. 

by any means whatsoever, or who shall maintain what is commonly known 
as the " locker system " or other device for evading the provisions of this act, 
and every person who shall use, barter, sell, or give away, or assist or abet in 
bartering, selling, or giving away any liquors so received or kept, shall be 
deemed guilty of a misdemeanor and upon conviction thereof be subject to the 
penalties prescribed in section one of this act; and in all cases the members, 
shareholders, associates or employees in any club or association mentioned in 
this section shall be competent witnesses to prove any violations of the pro- 
visions of this section of this act, or of any fact tending thereto ; and no person 
shall be excused from testifying as to any offense committed by another against 
any of the provisions of this act by reason of his testimony tending to criminate 
himself, but the testimony given by such person shall in no case be used against 
him. 

The keeping or giving away of alcoholic liquors, or any schemes or devices 
whatever, to evade the provisions of this act, shall be deemed as unlawful sell- 
ing within the provisions of this act. 

Sec. 9. That if any person shall advertise or give notice by signs, billboards, 
newspapers, periodicals or otherwise for himself or another the manufacturer, 
offering for sale, or keeping for sale of alcoholic liquors prohibited under this 
act, or shall circulate or distribute any price list, circulars, or order blanks 
advertising such liquors, or publish any newspaper, magazine, periodical, or 
other written or printed paper in which such advertisements of liquors appear, 
or shall permit to be posted upon his premises, or premises under his control 
(including billboards) or shall permit the same to so remain upon such 
premises, he shall be guilty of a misdemeanor and be fined not less than $100 
nor more than $500. 

Sec. 10. That if one or more persons who are competent witnesses shall 
charge, on oath or affirmation before the corporation counsel of the District 
of Columbia or any of his assistants duly authorized to act for him, presenting 
that any person, company, copartnership, association, club, or corporation has 
or have violated or is violating the provisions of this act by manufacturing, 
storing or depositing, offering for sale, keeping for sale or use, trafficking in, 
bartering, exchanging for goods, giving away, or otherwise furnishing alcoholic 
liquor, shall request said corporation counsel or any of his assistants duly 
authorized to act for him to issue a warrant, said attorney or any of his 
assistants shall issue such warrant, in which warrant the room, house, build- 
ing, or other place in which the violation is alleged to have occurred or is 
occurring shall be specifically described, and said warrant shall be placed 
in the hands of the captain or acting captain of the police precinct in which 
the room, house, building, or other place above referred to is located, com- 
manding him to at once thoroughly search said described room, house, build- 
ing, or other place, and the appurtenances thereof, and if any such be found, 
to take into his possession and safely keep, to be produced as evidence when 
required, all alcoholic liquors and all the means of dispensing the same, also 
all the paraphernalia or part of the paraphernalia of a barrpom or other 
alcoholic liquor establishment, and any United States internal-revenue tax 
receipt or certificate for the manufacture or sale of alcoholic liquor effective 
for the period of time covering the alleged offense, and forthwith report all 
the facts to the corporation counsel of the District of Columbia, and such 
alcoholic liquor or the means for dispensing same, or the paraphernalia of 
a barroom or other alcoholic liquor establishment, or any United States 
internal-revenue tax receipt or certificate for the sale of alcoholic liquor 
effective as aforesaid, shall be prima facie evidence of the violation of the 
provisions of this act. 

Sec 11. That it shall not be necessary, in order to convict any person, com- 
pany, house, association, club, or corporation, his, its, or their agents, officers, 
clerks, or servants of manufacturing, importing, or selling alcoholic liquors, 
to prove the actual manufacture, importing, sale, delivery of, or payment for 
any alcoholic liquors, but the evidence of having or keeping them in hand, stored 
or deposited, taking orders for, or offering to sell or barter, or exchanging 
them for goods or merchandise, or giving them away, shall be sufficient to con- 
vict ; nor shall it be necessary in a warrant or information to specify the 
particular kind of alcoholic liquor which is made the subject of a charge of 
violation of this act. 

Sec 12. That any person who shall, in the District of Columbia, in any street, 
or public or private road, alley, or in any public place or building or in or upon 
any street car, or railroad passenger train or in or upon any otber vehicle 
commonly used for the transportation of passengers or in or about any depot, 
platform or waiting station, drink any alcoholic liquor of any kind, or if any 



MANUFACTURE AND SALE OF ALCOHOLIC LIQUORS. 7 

person shall be drunk or intoxicated in any street, alley, or public or private 
road or in any railroad passenger train, street car, or any public place or 
building, or at any public gathering, or if any person shall be drunk or intoxi- 
cated and shall disturb the peace of any person anywhere, he shall be guilty 
of a misdemeanor, and upon conviction thereof shall be punished by a fine of 
not less than $10 nor more than $100, or by imprisonment for not less than 
five days nor more than thirty days in the workhouse or jail of the District 
of Columbia, or by both such fine and imprisonment. 

Sec. 13. The payment of the special tax required of wholesale or retail 
liquor dealers by the United States by any person or persons other than whole- 
sale druggists licensed under section five of this act, within the District of 
Columbia, shall be prima facie evidence that such person or persons are engaged 
in keeping and selling, offering and exposing for sale alcoholic liquors contrary 
to the provisions of this act, and a certificate from the collector of internal 
revenue, his agents, clerks, or deputies showing the payment of such tax, and 
the name or names of person to whom issued, and the names of the person 
or persons, if any, associated with the person to whom such tax receipt is 
issued, shall be sufficient evidence of the payment of such tax and of the asso- 
ciation of such persons for the selling and keeping, offering and exposing for 
sale of liquors contrary to the provisions of this act in all trials or legal 
inquiries. 

Sec. 14. All houses, boathouses, buildings, club rooms, and places of every 
description, including drug stores, where alcoholic liquors are manufactured, 
stored, sold, or vended, given away, or furnished contrary to law (including 
those in which clubs, orders, or associations sell, barter, give away, distribute, 
or dispense intoxicating liquors to their members, by any means or device what- 
ever, as provided in section eight of this act) shall be held, taken, and deemed 
common and public nuisances. And any person who shall maintain, or shall 
aid or abet, or knowingly be associated with others in maintaining such com- 
mon and public nuisance, shall be guilty of a misdemeanor and upon conviction 
thereof shall be subject to the penalties prescribed in section one of this act, 
and judgment shall be given that such house, building, or. other place, or any 
room therein, be abated or closed up as a place for the sale or keeping of such 
liquor contrary to law, as the court may determine. 

Sec 15. The United States district attorney for the District of Columbia, 
or any citizen of the District of Columbia, may maintain an action in equity 
in the name of the United States to abate and perpetually enjoin such a 
nuisance as defined in the preceding section. The injunction shall be granted 
at the commencement of the action, and no bond shall be required. Any person 
violating the terms of any injunction granted in such proceedings shall be 
punished for contempt by a fine of not less than $100 nor more than $500 and 
by imprisonment in the District jail or workhouse for not less than thirty days 
nor more than six months, in the discretion of the court. 

Sec. 16. That when any violation of this act is threatened, or shall have oc- 
curred, or is occurring, the doing of, or the continuance or repetition of the 
unlawful act, or any of like kind by the offending party may be prevented by a 
writ of injunction out of a court of equity upon a bill filed in all respects as in 
cases of liquor nuisances ; in like manner the writ of injunction may be em- 
ployed to compel obedience to any provision of this act. 

Sec 17. If a tenant of a building or tenement uses such premises, or any part 
thereof, in maintaining a common nuisance as hereinbefore defined, or know- 
ingly permits such use by another, such use shall render void the lease under 
which he holds, and shall cause the right of possession to revert to the owner 
or lessor, who may, without process of law, make immediate entry upon the 
premises, or may avail himself of the remedy provided for the forcible detention 
thereof. 

Sec 18. Anyone who knowingly permits any building owned or leased by 
him or under his control, or any part thereof, to be used in maintaining a com- 
mon nuisance hereinbefore described in section fourteen of this act, after being 
notified in writing of such use, neglects to take all reasonable measures to eject 
therefrom the person so using the same, shall be deemed guilty of assisting in 
maintaining such nuisance. 

Sec 19. That no property rights of any kind shall exist in alcoholic liquors 
or beverages illegally manufactured, received, possessed, or stored under this 
act, and in all such cases the liquors are forfeited to the District of Columbia 
and may be searched for and seized and ordered to be destroyed by the court 
after a conviction when such liquors have been seized for use as evidence, or 
upon satisfactory evidence to the court presented by the corporation counsel 
that such liquors are contraband. 



LIBRARY OF CONGRESS 



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MANUFACTUKE AND SALE OF ALCOHOLIC 



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Sec. 20. Every wife, child, parent, guardian, or employer, or other person 
who shall be injured in person or property or means of support by any intoxi- 
cated person, or in consequence of intoxication, habitual or otherwise, of any 
person, such wife, child, parent, or guardian shall have a right of action, in 
his or her own name, against any person who shall, by selling, bartering, or 
giving intoxicating liquors, have caused the intoxication of such person, for 
all damages actually sustained, as well as for exemplary damages ; and a mar- 
ried woman shall have the right to bring suit, prosecute, and control the same, 
and the amount recovered the same as if unmarried ; and all damages recov- 
ered by a minor under this act shall be paid either to such minor or to his 
or her parents, guardian, or next friend, as the court shall direct. 

Sec. 21. If any person while in charge of a locomotive engine, or while act- 
ing as a conductor or brakeman of a car or train of cars, or while in charge 
of any street car, steamboat, launch, or other water craft, or while in charge 
of or operating any automobile or horse vehicle in the District of Columbia 
shall be intoxicated, he shall be guilty of a misdemeanor, and if convicted 
shall be punished by a fine of not less than $25 nor more than $300, and in 
default in payment of said fine shall be imprisoned in the District jail or 
workhouse for not exceeding three months, or both fine and imprisonment, in 
the discretion of the court. 

Sec 22. It shall be the duty of the Commissioners of the District of Columbia 
to enforce the provisions of this act. They shall detail qualified members of 
the police force to detect violations of the act, if any, and to report promptly 
all knowledge or information they may have concerning such violations, to- 
gether with the names of any witnesses by whom they may be proven to the 
corporation counsel; but it shall be the duty of all members of the police 
force to detect violations of the act and to promptly report any information or 
knowledge concerning the same to the corporation counsel, together with the 
names of witnesses, by whom such violations may be proven ; and the corpora- 
tion counsel shall bring such alleged violators of the law to trial with all due 

diligence. . . M A _ m 

If any such officer shall fail to comply with the provisions of this section, 
he shall upon conviction be fined in any sum not less than $100 nor more than 
$500 ; and such conviction shall be a forfeiture of the office held by such person, 
and the court before whom such conviction is had shall in addition to imposi- 
tion of the fine aforesaid order and adjudge the forfeiture of his said office. 
For a failure or neglect of official duty in the enforcement of this act a in- 
official herein referred to may be removed by court action. _ 

Sec 23 That prosecutions for violations of the provisions of this act shall 
be on' information filed in the police court by the corporation counsel of the 
District of Columbia or any of his assistants duly authorized to act for him, 
and said corporation counsel or his assistants shall file such information upon 
the presentation to him or his assistants of sworn information that the law 
has been violated ; and such corporation counsel and his assistants shall have 
power to administer oaths to such informant or informants, and such others 
as present themselves, and anyone making a false oath to any material fact 
shall be deemed guilty of perjury and subject to the same penalties as now 
provided by law for such offense. ^ '■ 

When however, it appears to the Commissioners of the District of Columbia 
that it will be in the interest of more effective enforcement of the provisions 
of this act they may request the United States district attorney for the District 
of Columbia to prosecute persons charged with offenses against the law. and 
when so requested by said commissioners the said district attorney shall 
proceed before the grand jury and in the Supreme Court of the District of 
Columbia to prosecute such offenders in manner now prescribed by law for 
the prosecution of persons charged with violations of the laws against crime 
in the District of Columbia. 

Skc 24 That if for any reason any section, paragraph, provision, clause, or 
part of this act shall be held unconstitutional or invalid, that fact shall not 
effect or destroy anv other section, paragraph, provision, clause, or part of 
the act not in and of itself invalid, but the remaining parts of sections shall 
be enforced without regard to that so invalidated. 

Si<:c 25. That in the interpretation of this act words of the singular number 
shall be deemed to include their plurals, and words of the masculine gender 
shall bo deemed to include the feminine, as the case may be. 

Sec. 26. That this act shall be in full force and effect on and after the first 
day of November, nineteen hundred and sixteen, and all laws and parts of 
laws inconsistent herewith be, and they are, hereby repealed. 

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